No. 21-5058

Joseph Andrew Phipps v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses
Latest Conference: 2021-09-27
Question Presented (from Petition)

1) Does Petitioner have a due process right to jury instructions on
lesser included offenses?

2) Does the Equal Protection Clause of the 14th Amendment require
the holdings in Beck v. Alabama , 477 U.S. 625 (1980) to apply to
noncapital cases?

3) Do this Court's holdings in Beck v. Alabama , (supra) apply to noncapital
cases ?

4) Does the void in protection created by the AEDPA lie to vindicate
the guarantee of due process by the 5th and 14th Amendments in
this case and cases similarly situated?

5) Does the void.in protection created by the AEDPA lie to vindicate
the guarantee of equal protection by the 14th Amendment in this
case and cases similarly situated?

6) Is the admission of irrelevant or overtly prejudicial evidence
a violation of the due process clauses of the 5th and 14th Amendments?

Question Presented (AI Summary)

Does Petitioner have a due process right to jury instructions on lesser included offenses?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Joseph A. Phipps
Joseph A. Phipps — Petitioner